Tom Maciejewski

for Berkeley Heights

Bavoso Spreads Misinformation

October 19, 2016

Bavoso on
The Berkeley Heights Swap

During
the Berkeley Heights League of Women Voters Debate that was held on
Oct 13, 2016 at Columbia Middle School in Berkeley Heights, Peter
Bavoso stated the following during a rebuttal: “OK Just
to mention since Tom gets very excited about this Yellin, First of
all the municipal redevelopment falls under the redevelopment law
of the state. This is not one of those issues that is a
council issue. If Tom would like to go to the state and
change the legislature that is a different conversation, its
redevelopment law, there is no loophole there is no backoffice
dealings. This was actually heard by the public for years.
They changed the location at one point, there is no
conflict of interest, all of those court cases have been settled.
There is currently a contract going on with little flower, it will
proceed, you cannot stop whatever it is he is talking about.
“

Let us
break this down a bit:

Peter
Bavoso stated : “First of all the municipal redevelopment
falls under the redevelopment law of the state. “

The
township had a choice on how to proceed: it could have just
purchased the Little Flower property and sold the library to them,
both at fair market values. Then it could have rezone Little Flower
property and sold it off. The voters if they wish could have a vote
on this choice. Under this option the township would have proceeded
under the Local Lands and Building Law. It was researched by the
Township attorney in August of 2012 after a request from Mr.
Hall. Call this choice the Rezoning Option. Or as a second
choice, it can invoke the Local Housing and Redevelopment Law. This
second choice was preferred by them since it eliminates any
possibility of a referendum on the sale. It was researched by
Michael Cressitello in February of 2013 for presentation to the
Council in Executive Session. If you check the town website
and minutes of executive session for February 5, 2013 you will see
that both Rezoning Option and the Redevelopment Option were
presented by the Planning Board attorney. So Mr. Bavoso is
misleading the voters on this matter.

Peter
Bavoso stated:“This is not one of those issues that is a
council issue.”

Again, a
misleading statement by Mr. Bavoso. The choice was a council
choice.

Peter
Bavoso stated: “ If Tom would like to go to the state
and change the legislature that is a different
conversation,”
Yet another deflection by Mr. Bavoso. The LHRL may need changes but
the Council did not need to invoke it.

Peter
Bavoso stated: “ its redevelopment law there is no
loophole”

Actually
the law has a serious loophole. It permits a township to invoke
this law on its own property as a means to deny voters any say on
the actions of its local government. Mr. Bavoso does not even
understand the most basic idea about government by the people. The
people are the final decider on expenditure of capital funds, not
the government.

Peter
Bavoso stated: “there is no backoffice
dealings.”

How this
was done to the good people of Berkeley Heights is a prime example
of backoffice dealings. The entire process has been pre-decided in
the back room in secret meetings at town hall and then formally
voted on from time to time. It is one of the worst examples of
backoffice dealings that I am aware of.

Peter
Bavoso stated: “This was actually heard by the public for
years.”

True, but
misleading, While the public heard about it, many of
the public meetings were after the decisions were made.
At every step the people questioned and protested.
So yes the public heard about it as one directional
communication, but the town did not hear, or more accurately,
ignored the public.

Peter
Bavoso stated: “They changed the location at one
point”

True, the
project was initially sold to the people as the town taking over
the Little Flower property for use as the municipal building.
Now the municipal building is slated to be just west of
the current building. The buildings were found to be in poor
condition so that may have been a factor too.

Peter
Bavoso stated: “there is no conflict of
interest,”

I would
strongly disagree with that statement. Certain active members of
the Church have voted on the land swap and related contracts. The
lead negotiator for the town was an active member of the Church.
The former mayor who favored the swap was an active member of the
Church. One council member was a trustee and finance council
member. The law on conflict of interest says you cannot act if you
have a conflict. Act means voting or participating in
discussions.

Peter
Bavoso stated: “all of those court cases have been
settled.”

There is
a pending appellate level case. It is Matula v. Berkeley Heights
Township. Again, another attempt to mislead the public by Mr.
Bavoso.

Peter
Bavoso stated: “There is currently a contract going on with
little flower”

There is
a contract expires sometime next year. The contract is contingent
on all litigation being resolved and the township passing an
ordinance to complete the sale of the property.

Peter
Bavoso stated: “it will proceed, you cannot stop whatever it
is he is talking about. “

False
again! The above stated ordinance will need 4 votes to pass.
Two members are conflicted and cannot vote. I will be not
give them the 4th vote so the ordinance will not pass and the swap
will fail.